General Terms & Conditions
1 - Acceptance of these General Conditions of Sale
You can only order if you accept all the provisions set out below.
Any order will be exclusively governed by these general conditions of sale, to the exclusion of any other condition of purchase.
The validation click that you execute after having completed your order form constitutes confirmation of your order and will constitute irrevocable acceptance of these general conditions. He will express your final consent to contract with home-beddings-and-curtains.com for the products you have selected, subject to your right of withdrawal as referred to in article 17 and the possible application of the provisions of the article 11 of these general conditions of sale.
The sale is made only by mail order.
2 - The Home Beddings & Curtains company - Legal notices
Identification of the company:
SIRET number: RCS 815364740
VAT N ° : FR30815364740
E-mail : firstname.lastname@example.org
Presentation of the essential characteristics of the goods and services offered.
The prices of our products are inclusive of VAT (all taxes included). The prices indicated do not include participation in shipping costs.
Indication of the terms of payment, delivery or performance.
Existence of a right of withdrawal.
Period of validity of the offer and the price.
All the information contained on the site www.home-beddings-and-curtains.com (hereinafter referred to as the Site) is in French.
The customer acknowledges having, prior to placing the order, acquainted with all of the aforementioned information and the general conditions of sale.
The customer, prior to ordering the product, declares that the acquisition of said product is not directly related to his professional activity, their acquisition being reserved for his personal use.
As a consumer, the customer therefore has specific rights, which would be called into question in the event that the products acquired within the framework of the electronic store would in reality have a connection with his professional activity.
He also declares that he has the legal capacity to engage under these general conditions.
3 - Coverage of the offer
The geographic area covered by the home-beddings-and-curtains.com store offer can be viewed in the "Deliveries" area.
This contract is made up, in decreasing order of legal value, of the following documents:
these General Conditions of Sale,
The photographs illustrating the products on the Site enter into the contractual field. If errors or alterations resulting from the processing of these photographs are introduced, the responsibility of home-beddings-and-curtains.com can in no case be engaged as a result. The interpretation of colors is subjective.
4 - Order taking
Any order form signed with the click of validation constitutes an irrevocable commitment from the customer which can only be called into question in the cases exhaustively provided for in this contract in the articles “Right of withdrawal” and “Execution of the order”.
5 - Order confirmation
The conclusion of the contract will only take place when the order is confirmed by home-beddings-and-curtains.com.
The customer will receive by email an acknowledgment of receipt confirming the order with all the constituent elements of the contract (products ordered, price, delivery times, shipping costs, ...)
home-beddings-and-curtains.com reserves the right not to confirm an order for any reason whatsoever, relating in particular either to a product supply problem, or to a problem concerning the order received.
6 - Duration of the offer
The offers contained in this site are valid as long as the related products remain online and while stocks last.
7 - Price - Invoice
The prices are printed in euros.
The price of the shipping costs indicated on the site only concerns deliveries to individuals.
The price guaranteed to the buyer is that displayed on the Site at the time of purchase.
The price fixed during the purchase is firm and final. It does not include participation in delivery costs invoiced in addition and which will be indicated in the order confirmation.
An invoice will be issued by home-beddings-and-curtains.com. The customer must specify the address for sending the invoice.
8 - Payment
Payment of the full price is due upon ordering.
The customer undertakes to pay the price stipulated for the product ordered on the Site (price of the products and transport) as well as to pay or have paid, if necessary, and this directly to the freight forwarder or carrier, the rights of customs, VAT or other taxes due on the occasion of the importation of the products into the country of the place of delivery.
The customer pays his order:
- By credit card as offered on the Site.
The customer guarantees to home-beddings-and-curtains.com that he has the necessary authorizations to use the card payment method when ordering. Any attempted fraud will be prosecuted in court.
- By Paypal as offered on the Site.
Take advantage of the secure Paypal payment on home-beddings-and-curtains.com.
9 - Default of payment - Retention of title
The products ordered remain the property of home-beddings-and-curtains.com until the final and full payment of their price in accordance with the terms of Law No. 80 335 of May 12, 1980. home-beddings-and-curtains.com reserves the right to claim the products ordered in the event of payment default.
In this case and at the first request of home-beddings-and-curtains.com, the customer agrees to return any unpaid product, all costs at his expense.
10 - Transfer of risk
According to article L138-4 of the Hamon law:
"Any risk of loss or damage to property is transferred to consumer when the latter or a third party designated by him, and other than the carrier proposed by the professional, takes physical possession of these goods".
The transfer of risks to the customer occurs as soon as the products are handed over by home-beddings-and-curtains.com to the end customer via the carrier. The end customer must inspect the product upon receipt. and to make the necessary reservations on the delivery slip. The words "subject to unpacking" have no legal value. The customer must verify the content of each product. The delivery man cannot refuse it. The customer has a reasonable time with the carrier to check the product and make reservations. Without these reservations, delivery insurance cannot be activated. It is the same in the event of sending or return of products carried out carriage paid.
If the delivery person refuses you this right, you refuse the package or you indicate on the carrier's voucher that you were prevented from checking the contents of the packages.
During the withdrawal period mentioned in article 17 below, the customer is responsible for the thing as custodian. In case of deterioration or destruction of the product during the custody of the customer, the latter will suffer all the consequences.
11 - Execution of the order
The order will be executed within the time limits specified on the Site and upon confirmation of the order by home-beddings-and-curtains.com and in any event no later than 30 days following confirmation of the order, subject to the availability of the product ordered and unless specifically agreed between the parties.
In case of out of stock or unavailability of the ordered product, home-beddings-and-curtains.com undertakes to inform the customer as soon as possible and to specify an availability period.
The customer will confirm by e-mail his choice either to wait for the availability of the product or to be reimbursed.
12 - Delivery / Returns
The geographical area of delivery corresponds to the geographical area of coverage of the offer.
Not having weekend delivery for some carriers and wishing to be as close as possible to reality, our delivery times are counted in working days.
The products are delivered to the address indicated by the customer on the order form.
Delivery is deemed to have been made upon receipt of the product by the consumer or the authorized third party.
The delivery slip given by the carrier, dated and signed by the customer upon delivery of the product will constitute proof of transport and delivery.
On delivery, the customer must check the content, conformity and condition of the product (s).
In the event of delays, damage, total or partial loss, or any other problem, you are recommended to contact Customer Service. home-beddings-and-curtains.com as soon as possible.
Therefore, upon delivery, the customer must verify the condition of the products delivered before signing the acknowledgment of receipt of the package. The carrier cannot leave without you having signed, he has the obligation to let you make the necessary observations.
If he notices any anomalies, the customer must refuse delivery of the products or issue handwritten, precise and dated reservations. These reservations must be confirmed with the Consulting Customer Service by registered letter with acknowledgment of receipt within three (3) working days following delivery of the products.
In order to keep your delivery costs as low as possible, we make every effort to ship items as soon as possible, while limiting the number of shipments. Thus, orders for several items will automatically be grouped into a single delivery. In case of emergency, a specific request can be made by email.
In case of refusal of the parcel by the customer or if the customer does not pick up the parcel on time at the relay point, the actual transport costs will be deducted from the reimbursement.
If you want to make a return:
The returned item must be in its original packaging, with all labels and not unwrapped. It must be folded identically if it has been unpacked.
If we find that the product is not returned in a condition suitable for its return, we will apply a fee equivalent to 20% of the value of the product in order to proceed with the repair of the product.
Return costs are the responsibility of the customer.
If you have paid shipping costs for your order (purchase of an amount of less than 100 euros), you will be reimbursed for the entire order, including shipping costs (See T & Cs chapter 12 at the bottom left of the home page).
Once the item has been received, we will refund your order.
In case of exchange, please place a new order on our site.
Returns are to be done at the following address:
HOME BEDDINGS AND CURTAINS
12 avenue Jean-Joxé
13 - Force majeure
Expressly considered as force majeure those usually retained by the jurisprudence of the French courts and tribunals.
The occurrence of a case of force majeure will, initially, automatically suspend the execution of the order.
If beyond a period of three (3) months, the parties note the persistence of the case of force majeure, the order will be automatically canceled, unless otherwise agreed by both parties.
14 - Withdrawal of products in the absence of the customer
If the recipient is absent during delivery, the carrier will leave a calling card at the delivery address indicated by the customer. The products must be collected at the address and in the manner indicated by the carrier.
In the event of non-withdrawal within the time limits set by the carrier, the products will be returned to home-beddings-and-curtains.com which reserves the right to refund the price, the shipping costs remaining the responsibility of the customer.
15 - Complaints
Complaints for non-conformity of the product (s) delivered with the order must be made in writing directly to home-beddings-and-curtains.com and this within 48 hours of receipt. The customer must keep the packaging and the delivery slip.
In the event of an error on the product, the customer undertakes to return said product or the products concerned within 15 days of their receipt at home-beddings-and-curtains.com under the condition that they are returned without opening their packaging, in their original condition and packaging with the accompanying documents.
Upon receipt of the product in good and due form, home-beddings-and-curtains.com will return, at its expense, the product originally ordered.
16 - Right of withdrawal
The customer Home-beddings - & - curtains has, within 15 working days from the delivery of his order, a right of return, at his expense, for exchange or refund, products that do not suit him in accordance with article L 121-21 of the Consumer Code (the legal deadline being 14 days).
If this period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day.
The returned product must be in its original condition and packaging. It must not have been used, nor have suffered any damage, however minimal, and be in a state of perfect cleanliness.
This right of withdrawal is exercised without penalties, with the exception of return costs.
In the event of cancellation of the delivery of the order while it is in the course of dispatch, the costs of preparation of the order and transport in their entirety will be subtracted from the reimbursement of the order.
Within a maximum period of 15 days from receipt of the product, the customer will be reimbursed for the sums paid. For this purpose, he will communicate to home-beddings-and-curtains.com his bank details unless he ordered by bank card. In the case of payment by card, the refund is made directly via this card.
Return shipping costs are the responsibility of the customer in the event of withdrawal.
Returns are to be done at the following address:
HOME BEDDINGS AND CURTAINS
12 avenue Jean-Joxé
17 - Personal information
The personal information requested from the customer is essential for the processing and delivery of orders, the establishment of invoices and any warranty contracts. For these purposes, this information may be communicated to the contractual partners of home-beddings-and-curtains.com.
The customer can oppose such a communication and in accordance with the law “Informatique et Libertés” (law of January 6, 1978), he has a right of access, modification, rectification and deletion of the data which him. concern by addressing home-beddings-and-curtains.com.
18 - Electronic signature
The “payment validation click” constitutes the validation of the contract. The validated payment is due. Any fraud attempt will be prosecuted by home-beddings-and-curtains.com.
19 - Proof
The computerized registers, kept in the computer systems of home-beddings-and-curtains.com or its subcontractors, under reasonable security conditions will be considered as proof of communication, orders and payments between the parties.
The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.
20 - Intellectual property
home-beddings-and-curtains.com holds the intellectual property rights on the site and the right to distribute the elements appearing in the catalog of the electronic store and in particular the photographs for which it has obtained the necessary authorizations from the persons concerned.
Consequently, the partial or total reproduction, on any medium whatsoever, of the elements composing the site and the catalog, their use as well as their provision to third parties are formally forbidden.
21 - Entire contract
These general conditions of sale express all the obligations of the parties.
No other general or specific condition communicated by the customer may be incorporated into or derogate from these general conditions.
22 - No waiver
The fact for home-beddings-and-curtains.com not to rely on a breach by the customer of any of its obligations could not be interpreted as a waiver of the obligation concerned and to take advantage of this breach subsequently.
23 - Nullity
If one or more stipulations of these general conditions is held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
24 - Dispute
This contract is subject to French law, both for the substantive rules and for the formal rules.
IN THE EVENT OF A DISPUTE AND FAILURE OF AN AMICABLE AGREEMENT BETWEEN THE PARTIES, EXPRESS JURISDICTION IS ATTRIBUTED TO THE COURTS OF THE JURISDICTION OF THE REGISTERED OFFICE OF home-beddings-and-curtains.com OR THAT CHOSEN BY THE CUSTOMER IN THE EVENT OF THE INITIATOR, NOTWITHSTANDING CALL IN GUARANTEE OR PLURALITY OF DEFENDANTS, EVEN FOR EMERGENCY PROCEEDINGS OR CONSERVATORY PROCEEDINGS REFERRED TO OR BY REQUEST.